Some states require policyholders to complete the litigation over the contract portion of a UM / UIM claim before a bad faith or unfair claims practices action can commence. Blanchard v. State Farm Mut. Auto. Ins. Co.,575 So.2d 1289, 1291 (Fla.1991) National Sav. Life Ins. Co. v. Dutton,419 So.2d 1357, 1362 (Ala.1982), Lexington Ins. Co. v. Royal Ins. Co. of Am.,886 F.Supp. 837, 841-42 (N.D.Fla.1995). Some states obligate the policyholder to go through arbitration before the bad faith claim … [Read more...]
Many Nevada Judges Allow UM / UIM Breach Of Contract And Extra-Contractual Causes Of Action To Proceed Simultaneously In The Same Suit
June 22, 2012 by
Nevada Requires An Owner’s Auto Policy To Provide Minium Limits Coverage To Any Permitted Driver, Even If The Policy Specifically Excludes That Person By Name
May 3, 2012 by
An insurance company that has been writing policies in Nevada for just a few years asks the Nevada Law Blog if it can deny third-party liability coverage to a permissive driver who was excluded by name from the policy. Nevada answered that question over two decades ago in the case of Federated American Ins. v. Granillo, 108 Nev. 560, 835 P.2d 803 (1992). Mr. Granillo bought auto insurance from Federated American Insurance. The company told Granillo that if he were the only driver of the … [Read more...]
The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So
April 13, 2012 by
Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits. In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes. Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years. See NRS 11.190(1)(a). In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]
A Finding Of Bad Faith Does Not Automatically Entitle The Policyholder To An Award Of Attorney’s Fees
March 26, 2012 by
Does a finding of bad faith trigger entitlement to an award of attorney’s fees? In Nevada, the answer is no. This issue was addressed in the 2007 case of Merrick v. Paul Revere Life Ins. Co., 500 F.3d 1007 (9th Cir., 2007). Paul Revere Life and co-defendant Unum Provident denied Merrick’s disability insurance claim. Merrick filed suit alleging breach of contract and of the duty of good faith and fair dealing. Applying Nevada law under the doctrine of Erie Railroad v. Tompkins, 304 U.S. 64 … [Read more...]
Parents Are statutorily Liable For Damages Willfully Caused By Their Minor Children Up To $10,000, But Are Those Damages Covered?
March 20, 2012 by
As a practice, when a minor causes damage or injury, the plaintiff will name as defendants both the minor and the parents. There are a variety of theories under which the parents can be held liable for the minor’s acts. See HERE for example. If the minor’s acts appear to have been intentional, one of theory of recovery is a Nevada statute. N.R.S. 41.470 imposes limited vicarious liability on parents whose minor children willfully cause damage to others. The statute reads: NRS … [Read more...]
